CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE ^M 3 1924 087 975 946 DAT&DUE 196 4 BS TnMl^^ry Lnan nysTlC m^ ^i^4^ ^eia ^ MiJ0i^»mfi GAYUORD PRINTED IN U.S.A. 1% THE WORK OF THE IRISH LEAGUES. Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924087975946 Work of the Irish Leagues. THE SPEECH OF THE RIGHT HON. SIR HENRY JAMES. Q.C., M.P.. REPLYING IN THE PARNELL COMMISSION INQ UlR Y. PUBLISHED FOR THE LIBERAL UNIONIST ASSOCIATION, 31, GREAT GEORGE STREET, WESTMINSTER, S.W., BY CASSELL & COMPANY, Limited: LONDON, PARIS, NEW YORK & MELBOURNE. s CONTENTS. INTRODUCTION page i Sir Charles Russell's Speech — His Three Questions — The Accusers — Policy of the " Times " — ^The Accused — A System and a Combination of Men— The Time when the Accusations were made. SIR CHARLES RUSSELL'S HISTORICAL ARGUMENT . page 8 Old Causes of Discontent removed — Restrictions on Commerce — Penal Laws and Religious Inequality — Removal of Tithes — Political Grievances — The System of Landlord and Tenant the only practical Grievance — Ireland since 1846 — Over- population before 1846 — Forster's Corn Law — Prosperity since 1846 — Land — Houses — Education. MICHAEL DAVITT page 26 Michael Davitt in Prison — His Career — The "Pen Letter" — His Aim, the Complete Separation of Ireland from England — His Thoughts in Prison — Centralisation of Movement — Alliance of Fenian and Tenant — Mr. Davitt joins the Supreme Council — His Opinions Unchanged — He submits his Plans to the Nationalists. MICHAEL DAVITT IN AMERICA. THE NEW DEPARTURE page 38 Mr. Davitt goes to America — Consults the Trustees of the Skirmishing Fund— The Character of the Skirmishing Fund- Power of Physical-force Ideas in America — He enlists the Physical-force Men— The Political Character of the Movement — The Land Question to be the Basis — Fenton Lalor's Scheme — Mr. Davitt's Speeches in America— The Cablegram embodied the Result of his Teaching— Devoy's Letter on the "New Departure "—The "New Departure," a Joint Action— The "New Departure" described in the "Nation." FENIAN AGITATION IN IRELAND pog^ ^3 Devoy's Mission from the Clan-na-Gael— His Report— Mr. Davitt and Mr. Pamell know of his Visit— Missions of Millen and Carroll— Mr. Davitt's Responsibility. VI CONTENTS. tHE AVOWED OBJECTS OF THE LAND MOVEMENT. . page TJ Sir C. Russell's Argument— The Complete Separation of Ireland by Means of the Destruction of Landlordism— Views of Davitt and Egan— Speeches of the Organisers— Speeches of Members of Parliament. THE ACTION TAKEN AT THE BEGINNING OF 1879 . . page 83 Appeals to Self-Interest — Ireland to be Unsettled — The Campaign opened in Mayo — Condition of Mayo— The Harvest of 1878 — Mayo in 1878 — Mr. Davitt and John Devoy in the West — Meetings at Irishtown— At Westport— Mr. Parnell's Speech — Active Work in the West — Mr. Parnell joins the Move- ment — The Known and Active Nationalists join. THE LOAN FROM THE SKIRMISHING FUND — FORMAL FOUNDATION OF THE LEAGUE .... page 108 Mr. Davitt borrows from the Skirmishing Fund — Fenian Money — The Meeting of October 21st, 1879— The League controlled by Fenians — The Triumvirate — Parliamentary Names on the Executive — The Leaders of the Land League. THE SHAM RULES OF THE LEAGUE ..... page 121 No Rules at first issued — The Document of January 1880 — The Rules of November 1880 — Sir C. Russell's Attack — Appeal to the Farmers of Ireland — The Documents framed for Conceal- ment — Mr. Davitt's Statement — The Omissions in the Rules — ".Self-pove^:nme^t." ADVANTAGE TAKEN OF THE DISTRESS .... page 132 Sir C. Russell's Argument — Relief an Afterthought — Distress becomes Acute in December 1879 — Relief Funds. MR. PARNELL'S VISIT TO AMERICA— APPEALS TO THE EXTREME PARTY ... .... page 140 Introductions from a Fenian — The Ives Interview — Met by Fenians — Friendship with Patrick Ford — Arrangement of Tour — Le Caron— His Account of Mr. Parnell's Tour — The Clan-na-Gael — Circular by the Trustees of the Skirmishing Fund — The |Clan-na-Gael and the Fund — The Clan-na-Gael and Mr. Parnell — Mr. Parnell's Speeches — The " Last Link " Speech — The " Bread and Lead " Incident. RESULTS OF MR. PARNELL'S VISIT TO AMERICA — MICHAEL DAVITT'S SECOND VISIT . . . page 171 Alliance with Patrick Ford — Effect of the "Last Link" Speech — Money from America — The " Irish World " — The Appeals of the " Irish World " — Foundation of the American League— The Policy of the Clan-na-Gael — Mr. Davitt's Second Visit — The Trenor Hall League — Mr. Davitt in the Clan-na-Gael Camps — The " Irish World " League — Mr. Davitt's Speeches in America — Appeals to the Extreme Party. CONTENTS. vii IRELAND IN THE EARLY PART OF 1880— MR PARNELL'S RETURN ... . page 193 Inactivity of the Movement — Importation of Arms — Early Meetings of 1880— Address to Mr. Parnell by Cork Fenians- Mr. Parnell borrows from Egan — The Managers of the League —Speeches in the Summer of 1880 — Raid on the "Juno" — Cork Branch condemned by the Central League — The Blarney Incident — Mr. John O'Connor and Canon Shinkwin. DISTRESS NOT THE CAUSE OF CRIME — LOCAL CHARACTER OF THE DISTRESS. . . . page 2^ Sir C. Russell's Argument — Distress on the Fringe of Ireland — The Coast Districts of Galway, Kerry, Mayo, Cork — The Unions of Killarney and Tralee — The Politicians get hold of the League. MURDERS IN 1880 page 241 Murders of Mr. Feerick, Mr. Boyd, Lord Mountmorres, Downey — Mr. Parnell's Attitude towards Crime. CRIME IN THE AUTUMN OF 1880 page 256 Crime in the Scheduled Counties — Ripe and Unripe Counties — Mr. Dillon's " Young Men " Speeches. BOYCOTTING page 268 Initiation by Mr. Davitt — Early Speeches — Mr. Parnell's Sanction — Mr. Dillon enlarges its Scope — The Application of the System — Difference between Archbishop Walsh and Mr. Biggar — Mr. Biggar's Doctrine applied — Extent of Boy- cotting — Mr. Gladstone's Warning — Mr. Parnell knows of the Abuse, and does Nothing — Danger of Denunciation. THE LEAGUE SPREADS LIKE WILDFIRE— AGITATION AT WORK . . page 293 The Compensation for Disturbance Bill — Appeal to the Passions of the People — Appointment of Organisers — Speeches of Mr. Harris — Mr. Harris on shooting Landlords — Speeches by Boyton and Sheridan — The "Hartmann" Speech. MR. PARNELL REFUSES TO DENOUNCE CRIME— MR. DAVITT'S SPEECHES AND MEMORANDUM BY THE LEAGUE page 313 Warning to Mr. Parnell — Mr. Davitt returns from America — His Speeches on the Impolicy of Crime — Mr. Parnell has other Engagements — Nothing done — Memorandum to Organ- isers — Speeches by Mr. Biggar and Mr. Healy — Mr. Davitt and Mr. Hegarty — Manifesto by Members of Parliament. Vm CONTENTS. LOCAL SECRET SOCIETIES NOT THE CAUSE OF CRIME— THE FENIANS AND ASSASSINATION OF TRAI- TORS page 33S Theory of Secret Societies — The Irish Republican Brother- hood — The Power of Life and Death — Mr. Parnell's Know- ledge of the Assassination Practice — Constitution of the Clan-na-Gael and Union with the I.R.B. — The Skirmishing Fund — O'Donovan Rossa — Patrick Ford — The Policy of Dynamite. NO SECRET SOCIETIES IN IRELAND, EXCEPT THE FENIANS page 367 Instances adduced by Sir Charles Russell — Negative Evidence — The Moonlighters — Father O'Donovan — Mr. Parnell attempts to mislead the House — Evidence of Mr. Harris. EVICTIONS NOT THE CAUSE OF CRIME— EVICTIONS PRO- DUCED BY THE LEAGUE page 388 Statistics and Comparison with Years of Distress — Crime and Evictions in 1878 — The Policy of the League to produce Evictions— ^Agitation against payment of Rent — The No Rent Manifestoes — Action of the Ladies' Land League — Pressure upon Tenants — Paragraphs in Nationalist Papers. IRELAND IN THE EARLY PART OF 1881— MURDERS IN 1881 page \2.f> Crime in 1881 — Mr. Harris organising — Speeches by Mr. Harris and Mr. Dillon — Murders in Loughrea District — Praise of Loughrea — Murders in Connemara — Mr. Davitt and Widow Walsh. AMERICA IN 1881— MR. PARNELL'S MESSAGE TO THE CLAN-NA-GAEL page 460 Devoy's Lectures — The Buffalo Convention — Anger of the extreme Section — Mission of Le Caron — Interview with Mr. Parnell — Probability of the Interview — Mr. Parnell's Message. LE CARON DELIVERS MR. PARNELL'S MESSAGE— THE CLAN-NA-GAEL AND THE DYNAMITE CAMPAIGN page 486 Le Caron's Interviews with Hynes, Devoy, Carroll, and Sullivan — Devoy and Sullivan on the coming Warfare — The Clan-na- Gael prepare for the Chicago Convention — Inauguration of the Dynamite Campaign — " United Ireland " on the Chicago Convention. THE NEWSPAPER CAMPAIGN IN IRELAND . . . page 506 Purchase of the " Irishman " and " Flag of Ireland " — Arch- bishop Walsh on the "Irishman" — Articles in the "Irishman" —Mr. O'Brien and "United Ireland "—Articles in "United Ireland" — The Land League and the "Irish World" — Articles in the " Irish Worid." CONTENTS. IX THE LAND ACT OF 1881 — INTERFERENCE WITH JUSTICE pageizi Sir Charles Russell on the Land Act — Opposition by the League — Interference with Justice — The Defence of Prisoners — O'Connell, the Moonlighter — Louden and the Herds' League — Intimidation of Juries — Attempts to disaffect the Police. THE DOCUMENTS AND MONEY OF THE LEAGUE— PAYMENT FOR CRIME page 556 The Documents not produced — The Books — Money — No Account of Expenditure — The Phillips' Papers — The Horan Letter — Mr. Ferguson's Evidence — Absence of Witnesses — ^Withdrawal of Counsel. STATE OF IRELAND IN THE AUTUMN OF 1881— THE LADIES' LAND LEAGUE page 592 Condition of Ireland — Mr. Pamell's Silence — Ribbonmen and Land Leaguers — The Ladies' Land League. AMERICA IN 1881— THE CHICAGO NOVEMBER CONVEN- TION . . . . page 600 Policy of the Clan-na-Gael— Mr. T. P. O'Connor's Mission— Sir W. Harcourt's Warning — Mr. O'Connor and Finerty— The Chicago Convention — Importance of Finerty — Exultation of the Clan-na-Gael — Praise of Finerty — Meeting at Washington — Power handed over to an Executive of Seven — Astor House Meeting. THE PHCENIX PARK MURDERS page 623 Delaney's Evidence — Egan's Letters to Carey — The Two Classes of Invincibles — Flight of Brennan, Egan, MoUoy, Byrne — Absence of the Cash-Book of the English League — Absence of Brady — Egan's Power over Money — Byrne and Mrs. Byrne at the Martyrs' Meeting — Mr. Pamell's Position — Discovery of the Murderers— Articles in " United Ireland " and the " Irish- man" — The opportune Remittance — Mr. Pamell's conflicting Statements — Mr. Davitt's Accusation against his Colleagues — The Kilmainham Treaty— Mr. Pamell's Selection of Sheridan and Boyton — The Letters. THE NATIONAL LEAGUE page 692 The " Apostolic Succession "—Interim Organisations— Policy of the National League— Money— Mr. Davitt at Maryborough— The League in Kerry— Captain Slacke's Evidence— Outrages following Denunciation— The Danger of Denunciation— Boy- cotting—Black Lists— The National League at Work— Defence of Prisoners — Persecution revived — The Roman Catholic Clergy— Priests and Curates— Pressure on the Clergy— Mr. Sullivan's Verses— Speeches of the Curates— Father Murphy- Father Rowan— Father Ryan— Other Curates— Father Egan . — Father Considine, X CONTENTS. ABSENCE OF DENUNCIATION OF CRIME AND SYMPATHY WITH CRIME page 727 The Programme set forth in " United Ireland " — No Denuncia- tion by any Branch — Simple Robbers objected to — Departure from the Original Intention of Moonlighting — Mr. Davitt's Denunciation of Plunderers — Mr. Davitt's Omission — Mean Resolutions by Branches — Mr. Timothy Harrington's selected Denunciations — The Change of Policy in 1886 — Garbled Extracts from the " Cork Herald " — Mr. Sullivan's Pamphlet — Books of the Branch Leagues — The Manchester Martyrs. THE INNER COUNCILS OF THE LEAGUE . . ■pageTi'] Attacks on the Attorney-General — Coffey and Molloy — Secrets of the League revealed — Agrarian Informers — The Moon- lighters the Police of the League — Tobin — Jago — Buckley — Coleman — Burke — Absence of Material Witnesses — Sir C. Russell's Promise. THE CLAN-NA-GAEL BECOME SUPREME IN AMERICA— THE PAID AGENTS OF THE CLAN-NA-GAEL .page 781 Mr. Davitt visits America in 1882 — Le Caron's Testimony — Circular by Alexander Sullivan — Patrick Egan arrives in America — Circular of March 1883 — Dynamite Explosions — Finerty's Exultation — Praise of Finerty — The Philadelphia Convention — Policy of the Clan-na-Gael — Weakness of the Conservative Section — Success of the Clan-na-Gael — Meeting of the National Body — Mr. Parnell's Message — Proposed Council of Seven — Alexander Sullivan President — Capture of the League by the Clan-na-Gael — The Secret Action of the Clan-na-Gael — Le Caron and Egan — Circular by Alexander Sullivan — Meeting of the Council of Seven — The " Irish- man " on the Convention — Mr. Harris on the Dynamite Movement — Egan's Action — Sullivan and Dr. Gallagher Dynamite Circular of September 1883 — The Period of the Triangle — Strength of the Dynamite Party — The Boston Convention, 1884 — Patrick Egan President — His Power Policy of the Clan-na-Gael— Mr. Parnell on Patrick Ford — Mr. Parnell's Silence — Appeals for the Parliamentary Fund —Preparations for the Chicago Convention, 1886 — The Exigencies of Policy — Mr. Davitt and Finerty at Ogden Grove — The Privy Council Meeting — Proceedings in the • Chicago Convention — John Fitzgerald Presidents-Mr. Davitt and Finerty at the Convention— Egan at the Clan-na-Gael Meeting, 1888 — The Parliamentary Fund — Suspension of Action in America and Ireland — Mr. Sheehan's Letter Policy in Ireland — The Events of Ten Years. PREFACE. By the Special Commission Act (51 & 52 Vict. c. 35), the Right Honourable Sir James Hannen, the Honourable Sir John Charles Day, and the Honourable Sir Archibald Levin Smith, were appointed to " inquire into and report upon the charges and allegations made against certain members of Parliament and other persons in the course of the proceedings in an action entitled ' O'Donnell versus Walter and another.' " A preliminary meeting of the Commission Court was held on September 17th, 1888. The first sitting of the Commission for the purpose of the Inquiry took place on October 22nd, 1888, the last on November 22nd, 1889. The Court sat on 129 days. The official shorthand notes extend to 7,096 closely printed pages, recording the evidence of 273 witnesses called on behalf of the " Times " and lOi by the Respondents, to and by whom 98,177 questions were put and answered. Many docu- ments and speeches are quoted in the notes. There were also I 060 pages of reports of speeches, and a mass of documents separately collected. It was found to be use- less to give the references to the official notes, because the paging is to be altered in the revised edition. The Attorney-General opened the case on behalf of the proprietors of the "Times." Sir Charles Russell stated the case for Mr. Parnell, and Mr. Davitt addressed the Court on his own behalf. Before the examination of the witnesses called on behalf of the Respondents had concluded their Counsel retired from the case. PREFACE. The following counsel appeared in the case. For the "Times." The Attorney-General. (Sir Richard Webster, Q.C., M.P.) Sir Henry James, Q.C., M.P. Mr. J. P. Murphy, Q.C. Mr. J. Atkinson, Q.C. \ of the Irish Mr. S. Ronan, Q.C. / Bar. Mr. W. Graham. For Mr. Parnell. Sir. Charles Russell, Q.C, M.P. Mr. H. H. Asquith, M.P. For other Irish Members. Mr. R. T. Reid,.Q.C., M.P. Mr. F. Lockwood, Q.C, M.P. Mr. Lionel Hart. Mr, Arthur O'Connor, M.P. Mr. Arthur Russell. Mr. T. Harrington, M.P. (of the Irish Bar.) Mr. G. R. Askwith. Mr. Davitt. \ Mr. J. G. Biggar, M.P. J-appeared in person. Mr. T. M. Healy, M.P. J Sir Henry James rose on the 1 1 8th day of the Inquiry to reply upon the whole case, and spoke for nearly twelve days. His speech, revised and corrected from the official notes, is, with some few immaterial omissions, to be found in the following pages. The speech combines a history of the origin, principles, and action of the Leagues, with an outline of the political events occurring in Ireland during the period of their existence. Chronological sequence appears as far as possible to have been sought, commencing with the framing of Michael Davitt's policy in his prison cell down to the change of action which arose in the early months of 1886. The Leagues are considered as a system, and their character and influence traced by means of the evidence before the Commission. Those who place this speech in the hands of the public believe that the temperate advocacy and moderate language of the speaker will cause reliance to be placed upon his arguments, and that those arguments are well worthy the attention of every loyal subject of the Queen. SPEECH OF THE Rt. Hon. SIR HENRY JAMES, Q.C, M.P INTRODUCTION. My Lords, I commence the attempt to discharge the most heavy and responsible duty that has been allotted to me with some considerations fully impressed upon my mind. I shall not forget that the words that fall from me — even from me — may prove to be words either for good or for eyil. I also remember that you have a right to expect from me some assist- ance in the arrangement and collection of the mass of evidence that has been placed before you, to an extent not always expected within the ordinary area of advocacy. I shall also note that the absence, the regrettable absence, of my learned friends, and some of their clients, casts upon me in a double degree that duty, ever a paramount duty, of endeavouring to maintain the strictest accuracy in every statement I shall submit to you, and also will impose upon me the task of verify- ing in detail by the evidence such statements as I shall feel it right to make. I also wish to say that if, in the course of the observations I have to make, I have to criticise, perhaps condemn, the conduct of men whom I am in the habit of meeting in public life, such a task in itself affords no pleasure to me. Yet, whilst I shall endeavour to temper that criticism by the maintenance of a moderation which never weakens advocacy, yet my duty, my paramount duty, is to those clients whose interests now in the last moments of this investigation have been com- mitted to me ; and I shall endeavour to discharge that duty, not seeking or desiring any man's praise, and careless, fully careless, of the amount of criticism which I have no doubt will be applied to the attempt I am now about to make. I am very anxious to occupy no portion of your Lordships' time, which is public time, with any remarks of a prefatory character, but I think, before I attempt to grapple with the 2 SIR c. Russell's three questions. issues raised in this investigation, there are three questions which were submitted to you by the way of argument by my learned friend, Sir Charles Russell, in the speech he made to you on behalf of Mr. Parnell. As I am mentioning that speech, I hope you will allow me to take the first opportunity that I have had in public of expressing my admiration for that proof of forensic ability which my learned friend, in the discharge of his duty, made so apparent. The respondents in this case have been fortunate in having been able to secure the services of my learned friend. An Irishman by birth, with a life's training fitting him for the discharge of his duty, with a zeal fostered by many causes, my learned friend took full advantage of the opportunity afforded him of showing that amongst the members of the English bar there are those who are still able to maintain — perhaps to add to its character and reputation for ability and industry. My Lords, if I have now again, as I fear I shall often have, to refer to the speech of my learned friend, it will not be with the object of measuring swords with him, still less will it be with the intention of meeting political propositions which frequently enough appear in my friend's speech. The only object that I shall have in making reference to the argument of my learned friend will be to endeavour to show that many of the propositions which he made were not founded upon the evidence that has been adduced before this Commission ; and still more shall I endeavour to show that the deductions my learned friend endeavoured to draw from that evidence are not accurate or well-founded deductions. The questions that my learned friend submitted to you, and to which I now desire in the first instance to refer, were three. He asked you to consider in this investigation Who are the accusers ? Who are the accused ? and. At what time and under what circumstances, were the accusations that are to be inquired into made ? My learned friend answered those questions, and he stated to you that the accusers are the "Times"; whom he called a partnership, or syndicate, if consistent in nothing else, ever consistent in unrelenting, un- varying hostility to the Irish people. My Lords, that statement was made without any attempt to prove it. My friend quoted some disjointed scraps of gossip, some of them so obscure and so disjointed that no one has yet been able to trace them and yet that grave charge, a charge that was made in the same THE "TIMES" POLICY. 3 speech, which comprehended many suggestions of unfounded charges made against his clients, has been allowed to pass by without an attempt, as I say, to support it, and it is now lying where it fell from the lips of my learned friend. I have of course to bear in mind the rule that must govern the proceedings of this Court, and unless here or there we touch upon matters of history, or of common knowledge, I feel that I have no right to refer to specific matters, and for the first time to place them in evidence before you now in order to refute the charge that my learned friend has brought against the " Times." At the same time I am entitled to refer to documents that have been used in evidence either by my learned friend or by Mr. Davitt in the course of his speech, and occupying as little time as I can, and speaking only in very general terms I seek to traverse with as strong a hand as is at my disposal the allegation my learned friend thus makes in this charge against the " Times " newspaper. Of course much depends upon the point of view in which we approach the interests of the Irish people ; much depends upon what we regard as those interests ; and, therefore, it may be that my learned friend has drawn, as I regard it, a distorted delineation of the action of the " Times " newspaper when he has made this grave charge against its proprietors. As I say, I have my answer to my learned friend's charge. I say that wherever the material interests of the Irish nation have been involved, the "Times" has been the consistent and systematic defender and supporter of those interests. When religious equality was sought for by the leaders of the Irish people, there were no stronger defenders of that contention than those who represented the " Times " newspaper. When the fate of the emancipation of the Roman Catholic population of Ireland from disabilities was at stake, the "Times" was the most earnest supporter of emancipation. When benefit could come to the Roman Catholic population by securing to them the education they received at Maynooth, the endowment of Maynooth by the State was consistently supported by the "Times" news- paper. When, again, freedom was to be given to religious denominational faith by the disestablishment of the Irish Church, heartily did the " Times " newspaper support such freedom. It may be that seeing wide difference between those interests that affect the benefit of the Irish nation and the action and the interests of agitators working for political ends. 4 THE "times" policy. by methods the " Times " condemned, at the same time that there has been given support to the freedom of action of the Irish people, those who, in the opinion of the " Times, " were leading a people astray, had to receive the condemnation of men who were really endeavouring to aid the Irish people. It has not only been in support of religious equality and abrogation of penal laws that the proprietors of the " Times " newspaper have contended; they sought to extend the political franchise as early as the year 1850. They have been no oppo- nents of the extension of that franchise, the equal franchise to the inhabitants of Ireland in later times. And still perhaps giving more earnest proof of the identity of their feelings with those who were associated in the material prosperity of Ireland, or in allaying the sufferings of its people— -amongst those who endeavoured to stay the effects of one of the direst famines that has ever affected probably any of the subjects of the Queen — the proprietors of the "Times" in the year 1846 threw themselves heartily into the offer of assistance that was given to the Irish people, and at that time at least there were many amongst that generous nation who had a return of gratitude, and not of condemnation, to make towards the proprietors of the " Times." Even in respect of this very matter that is now raised, the special state of things that has of late existed between the landlords and tenants of Ireland, the " Times " has not been found always on the side of the landlord. If I may refer particularly, and this is the only reference I shall make to a particular quotation, I would call your Lordships' attention to that very document to which Mr. Davitt has referred, to this pamphlet from which he quoted at length, the pamphlet published in the year 1880, a collection of articles that were written at the time when the pressure of famine weighed heavily upon small landlords and land occupiers of Ireland, and from this view I do not know that the " Times " in principle has ever deviated. As early as 1847 the "Times" wrote — "We may confidently appeal to what we ourselves have done for Ireland. We have risked the goodwill of the whole English aristocracy by the zeal and perseverance with which we urged the duties of property. We laboured that the absentee should be a byword and a reproach a THE "times" policy. 5 very outcast from English society. We risked our credit for truth by retaiHng with strong comments Irish narratives of ejectment and clearance, extermination and death. We were ready to support Ministers in any measures required for the famine, however arduous and costly. Nay, to go further back, the O'Connells may know by domestic tradition that while we kept no terms with Repeal, or with the liberator himself, so long as he was marshalling millions on the old battle fields of the Saxon and Celt, we nevertheless always received from his hands with favour and indulgence any project whatever that intended the substantial good, not the further division and exas- peration, of the people." And, in similar words, and at least with similar intention in this very article, an article of December 1847, a writer in the " Times " said : " The people of England see not merely with horror and disgust, but with a sober apprehension of danger, that the leaders of Irish opinion and the selected cham- pions of the popular hierarchy, throw the veil over crime, and ask license for outrage. They see that the mercies of this party are reserved for the assassin, and its severity for the victim." The principles in those two extracts, I think, have con- trolled the conduct of the " Times " from then until now. ^Vhen there was legislation intended to benefit the tenant, when the Land Act of 1870 was proposed, the "Times," acting from the point of view accepted by the writer in 1847, gave it a full and complete support. In the later Act of 1881, not founding its support upon economic views, but regarding it as a matter of necessity, again the Irish tenant found a sup- porter of that Act — that great charter, as my friend has termed it, that great charter of the Irish tenant, in the " Times." And thus it has been that whilst that act of substantial benefit has received the support of that, which is admitted, even by my friends, to be a great power in this country, a great and influential journal ; at the same time, on behalf not of a class, and a paramount class, but on behalf of the whole Irish nation, who have most needed protection, it has struck home, and it has struck admittedly hard against those who in the language 6 THE ACCUSED. of this article have been supporting the assassin and attacking the victim. ''Such, in very brief terms, is the reply I make to my friend's first question, " Who are the accusers ? " The second question was, " Who are the accused ? " and my learned friend summed up that question by using a quota- tion often made ; he said, my Lords, it is accusing the whole Irish nation ; and then employing the often- repeated quotation of Burke, he told your Lordships of the impossibility of the task of indicting a nation. Well, if that task has been impossible before, my learned friend, Sir Charles Russell, has demonstrated the possibility of such an indictment being preferred. He has, in his speech, charged the people of this country — charged the people of Great Britain — with fraud, with cruelty, and with oppression ; and I know no more grievous charges than those that could be resolved into the form of an indictment ; and, while I have not to make answer to such charges, historical as they are for the most p;at in character, at the same time I accept from him the proof of his experience that such a charge could be made if it were necessary to be preferred. But, my Lords, I take a different ground from that. No charge has been made against the Irish nation. A charge has been made by the "Times" newspaper against a system and a combination of men. It is true that the combination has included many men. Many men have joined that combination, some from interest, as it has been admitted ; some from terror, as it has been proved. And if it be that the acts of that combination, when investigated, are proved to have represented a system of cruel oppression to those who differed from its principles ; if it be proved to have imposed burdens not only unjust but immoral upon men who ought to have been free from them ; then, the first observation is that upon such a combination no nationality can be founded ; from such a combination no freedom can spring ; and, if but one tithe of the attack that has been made can be supported, then I say that the sooner that indictment is preferred, the sooner the trial is had, the sooner the judgment is delivered upon that indictment, the better will it be for those who have suffered long and grievously from the acts of that combination, and even still better will it be for the character and fame of those, the actors, who have persisted in carrying on the acts that this combination has thought right to impose upon the Irish people. THE CHARGES. 7 But, my Lords, one question now remains for me, the third question that my friend submitted to you. He asked, When was it that these accusations " were made " ? I will tell him the time when they were made. On the meeting of Parliament in the year 1887, in the debate that arose upon the reply that should be made to the speech from the Throne, Mr. Parnell had spoken, and in the course of his speech he stated to the House of Commons, as appears in the evidence before you, that there were but two alternatives for the Irish people ; they had to choose between the Land League and the class of men who have been termed before your Lordships " the Invincibles." That speech was made in the month of February 1887, and in the first article that has been subject to inquiry in O'Donnell v. Walter, the first article of those which constitutes the publica- tion called " Parnellism and Crime," the announcement is made by referring to that saying of Mr. Parnell's. It quotes his words, and refers to them : " In Ireland the choice lies between the League and the Invincibles ; " and it was for the purpose of demonstrating, that if the alternative were as Mr. Parnell stated only between the Invincibles and the League, what would be the fate of that country, if the Invincibles were put on one side, if as our only alternative there should remain the Land League, to become, as it has vauntingly been said in this case, the de facto — the absolute Government of Ireland. That was the time when these accusations were made; but my learned friend also, in reference to the "Times," says 'that there were charges made which, with one exception, had often been made before. They were stale, raked-up charges, of which nien had spoken in many years gone by. I differ from my learned friend. I deny that these specific charges have ever been made in the form that they are now presented to you, even if in substance there has been reference made to charges of a similar character during the years 1881 and 1883 in Parliament. Yet the proof in support of these charges has never been collected together — has never been arranged — has never been formed into one body by the connecting link of one chain of evidence, and the full answer that I will give to my friend's statement that these are old stale charges I will postpone until I have made that attempt, let it- succeed or fail, of endeavour- ing to place before you, and collect the different branches of the evidence bearing on the proposition I have to submit to you. And then, my Lords, I shall submit to you, and submit 8 SIR C. RUSSELL'S ANCIENT HISTORY. with confidence, that never before have the people of this country known the proof that can be adduced in support of the charges the " Times " have preferred. That verdict, the only one I ought to look to, the decision of your Lordships, must be given upon evidence governed by our rules affecting testi- mony, and by evidence that I trust will be conclusive in support of tibe proposition I shall now submit to you. Sir c5harles Russell's Historical Argument. My Lords, desirous as I am at once to approach the material matters affecting the very issues raised in this inquiry, there still is one subject matter that stands between me and the grappling with the real facts of this case. I refer to those matters dealt with in my friend's speech which are of a historical character. It is difficult for me to determine the extent to which those historical matters may fairly be regarded as affecting the issues that are before this Commission, but I have been to a great extent guided by the course my friend thought it right to take when he dwelt at length and in great detail on matters entirely of a historical character. I think his speech has taught me much that I shall be enabled to avoid ; yet these matters from the point of view which I am now presenting to your Lord- ships, are not entirely unimportant. Their importance arises, not, I think, from their inherent value, but from the attempt that has been made by my friend to attach^ a false value to them. Speaking very generally, my learned friend's mode of argu- ment and reliance upon this historical argument was an endeavour to show to you that the condition of things that existed in later years in Ireland sprang from causes of historical character. In that I think my friend's fallacy consisted. It is only necessary for me to refer to these causes, which I shall term historical causes, and to those arguments founded upon them by my learned friend, for the purpose of showing their entire irrelevancy to the matter which is now before your Lordships. I desire to sweep them away, I desire to show them non-existent, because it is necessary that I should trace home to men of a later time the causes of crime in Ireland. If my friend should prove to be right, that that which existed in Ireland after the year 1879 was of spontaneous growth, and if he should prove there were causes of discontent that brought into SIR c. Russell's ancient historv. 9 existence crime, that fostered il, and rendered its increase inevitable, my friend does much to meet the charge of personal responsibility brought against his client and those who are respondents with Mr. Parnell in this inquiry. Therefore I have to sweep away my friend's argument, and to show that those old causes of discontent had been removed, that there remained but one means and one method of artificially creating discontent in Ireland. My learned friend's mode of argument, if I may say so, proceeded farther. With a slight want of discrimination between the past and the present, my learned friend seemed to have been materially affected by the possession — I should think from the manner of his speech the recent possession — of Sir George Cornewall Lewis's book. My friend seemed, by the extent of the quotations taken from that book, to regard it as a complete explanation of all that has of late occurred in Ireland. But speaking, as I have every cause personally to speak, with the fullest appreciation of the great and statesmanlike qualities of Sir George Cornewall Lewis, yet it must be remembered that that book was written in the year 1836; it was dealing with reports of 1823, 1824, and 1825 ; it was deaUng especially with the evils resulting from the collection of tithes in Ireland ; and was written in reference to that particular object. And if we are now to trace events to causes, it was dealing, in relation to the year 1879, ""'•'^ ^ P^^' ^n